Judgment

S.B. Sinha, J.—This Appeal under Section 379 of the Code of Criminal Procedure, 1972 (Act 2 of 1974), read with the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, arises out of a Judgment and Order dated 7th October, 1998 passed by the Gwalior Bench of Madhya Pradesh High Court in Criminal Appeal No. 14 of 1984 whereby and whereunder Judgment and order dated 27th September, 1982 passed by Shri S.K. Jain, Sessions Judge, Muraina (M.P.) acquitting the Appellants herein was set aside.

2. On 20th December, 1981 at about 10.00 A.M. the incident took place, in relation whereto, a First Information Report was lodged at about 6.30 P.M. at Ambah Police Station. The said Police Station is said to be situated at a distance of 9 Km. from the place of occurrence.

3. The First Information Report was lodged by Rajvir Singh-(PW.1). He stated that on 19th December, 1981 at about 8.00 P.M. he had heard a commotion and came out from his house and found that the Appellants-herein had a brawling with his grandfather Vidya Ram (deceased) purported to be in connection with the latter’s conduct vis-a-vis a girl (daughter of Birbal Singh). The Village people, however, pacif